Torrance, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: My TRO case has been consolidated with Divorce?

Wife left home 3weeks ago and is staying in the shelter or friend home unknown. She served me TRO ( address) her court is 50miles away and then I filed divorce in our hometown court. Wife's TRO hearing is March23. I also filed RFO for transfer wife's TRO to our court and the hearing has been scheduled on Jun 05. In the docket online, "06/05/2023 at O:OO AM in Department O at xxxx., xxxx, CA 90xxx RFO - Family Law". Is the hearing for consolidation of both cases and wife's TRO has not been transferred yet? right? if not transferred, how can I have TRO transferred to my divorce court before March23 ?? fyi, both cases are in the same county

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it appears that the June 5 hearing is for the RFO (Request for Order) to transfer the TRO case to your hometown court. It does not appear that the consolidation of the two cases has been ordered yet.

If the RFO is granted, the TRO case will be transferred to your hometown court, and the two cases will likely be consolidated at that time. However, if the RFO is not granted, the TRO case will remain in the court where it was filed and may proceed separately from the divorce case.

To have the TRO case transferred to your hometown court before the March 23 hearing, you may need to file an ex parte application requesting an emergency order to transfer the case. This would require showing that there is an urgent need to have the case transferred before the regularly scheduled RFO hearing on June 5.

It is recommended that you consult with an attorney familiar with family law in your area to discuss your options and develop a strategy for addressing the TRO and divorce cases.

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